State Codes and Statutes
Statutes > Texas > Penal-code > Title-2-general-principles-of-criminal-responsibility > Chapter-7-criminal-responsibility-for-conduct-of-another
PENAL CODE
TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY
CHAPTER 7. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER
SUBCHAPTER A. COMPLICITY
Sec. 7.01. PARTIES TO OFFENSES. (a) A person is criminally
responsible as a party to an offense if the offense is committed
by his own conduct, by the conduct of another for which he is
criminally responsible, or by both.
(b) Each party to an offense may be charged with commission of
the offense.
(c) All traditional distinctions between accomplices and
principals are abolished by this section, and each party to an
offense may be charged and convicted without alleging that he
acted as a principal or accomplice.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.
1, 1994.
Sec. 7.02. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER. (a)
A person is criminally responsible for an offense committed by
the conduct of another if:
(1) acting with the kind of culpability required for the
offense, he causes or aids an innocent or nonresponsible person
to engage in conduct prohibited by the definition of the offense;
(2) acting with intent to promote or assist the commission of
the offense, he solicits, encourages, directs, aids, or attempts
to aid the other person to commit the offense; or
(3) having a legal duty to prevent commission of the offense and
acting with intent to promote or assist its commission, he fails
to make a reasonable effort to prevent commission of the offense.
(b) If, in the attempt to carry out a conspiracy to commit one
felony, another felony is committed by one of the conspirators,
all conspirators are guilty of the felony actually committed,
though having no intent to commit it, if the offense was
committed in furtherance of the unlawful purpose and was one that
should have been anticipated as a result of the carrying out of
the conspiracy.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.
1, 1994.
Sec. 7.03. DEFENSES EXCLUDED. In a prosecution in which an
actor's criminal responsibility is based on the conduct of
another, the actor may be convicted on proof of commission of the
offense and that he was a party to its commission, and it is no
defense:
(1) that the actor belongs to a class of persons that by
definition of the offense is legally incapable of committing the
offense in an individual capacity; or
(2) that the person for whose conduct the actor is criminally
responsible has been acquitted, has not been prosecuted or
convicted, has been convicted of a different offense or of a
different type or class of offense, or is immune from
prosecution.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.
1, 1994.
SUBCHAPTER B. CORPORATIONS AND ASSOCIATIONS
Sec. 7.21. DEFINITIONS. In this subchapter:
(1) "Agent" means a director, officer, employee, or other person
authorized to act in behalf of a corporation or association.
(2) "High managerial agent" means:
(A) a partner in a partnership;
(B) an officer of a corporation or association;
(C) an agent of a corporation or association who has duties of
such responsibility that his conduct reasonably may be assumed to
represent the policy of the corporation or association.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.
1, 1994.
Sec. 7.22. CRIMINAL RESPONSIBILITY OF CORPORATION OR
ASSOCIATION. (a) If conduct constituting an offense is
performed by an agent acting in behalf of a corporation or
association and within the scope of his office or employment, the
corporation or association is criminally responsible for an
offense defined:
(1) in this code where corporations and associations are made
subject thereto;
(2) by law other than this code in which a legislative purpose
to impose criminal responsibility on corporations or associations
plainly appears; or
(3) by law other than this code for which strict liability is
imposed, unless a legislative purpose not to impose criminal
responsibility on corporations or associations plainly appears.
(b) A corporation or association is criminally responsible for a
felony offense only if its commission was authorized, requested,
commanded, performed, or recklessly tolerated by:
(1) a majority of the governing board acting in behalf of the
corporation or association; or
(2) a high managerial agent acting in behalf of the corporation
or association and within the scope of his office or employment.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 913, ch. 342, Sec. 4, eff.
Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.
Sept. 1, 1994.
Sec. 7.23. CRIMINAL RESPONSIBILITY OF PERSON FOR CONDUCT IN
BEHALF OF CORPORATION OR ASSOCIATION. (a) An individual is
criminally responsible for conduct that he performs in the name
of or in behalf of a corporation or association to the same
extent as if the conduct were performed in his own name or
behalf.
(b) An agent having primary responsibility for the discharge of
a duty to act imposed by law on a corporation or association is
criminally responsible for omission to discharge the duty to the
same extent as if the duty were imposed by law directly on him.
(c) If an individual is convicted of conduct constituting an
offense performed in the name of or on behalf of a corporation or
association, he is subject to the sentence authorized by law for
an individual convicted of the offense.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.
1, 1994.
Sec. 7.24. DEFENSE TO CRIMINAL RESPONSIBILITY OF CORPORATION OR
ASSOCIATION. It is an affirmative defense to prosecution of a
corporation or association under Section 7.22(a)(1) or (a)(2)
that the high managerial agent having supervisory responsibility
over the subject matter of the offense employed due diligence to
prevent its commission.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 913, ch. 342, Sec. 5, eff.
Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.
Sept. 1, 1994.
State Codes and Statutes
Statutes > Texas > Penal-code > Title-2-general-principles-of-criminal-responsibility > Chapter-7-criminal-responsibility-for-conduct-of-another
PENAL CODE
TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY
CHAPTER 7. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER
SUBCHAPTER A. COMPLICITY
Sec. 7.01. PARTIES TO OFFENSES. (a) A person is criminally
responsible as a party to an offense if the offense is committed
by his own conduct, by the conduct of another for which he is
criminally responsible, or by both.
(b) Each party to an offense may be charged with commission of
the offense.
(c) All traditional distinctions between accomplices and
principals are abolished by this section, and each party to an
offense may be charged and convicted without alleging that he
acted as a principal or accomplice.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.
1, 1994.
Sec. 7.02. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER. (a)
A person is criminally responsible for an offense committed by
the conduct of another if:
(1) acting with the kind of culpability required for the
offense, he causes or aids an innocent or nonresponsible person
to engage in conduct prohibited by the definition of the offense;
(2) acting with intent to promote or assist the commission of
the offense, he solicits, encourages, directs, aids, or attempts
to aid the other person to commit the offense; or
(3) having a legal duty to prevent commission of the offense and
acting with intent to promote or assist its commission, he fails
to make a reasonable effort to prevent commission of the offense.
(b) If, in the attempt to carry out a conspiracy to commit one
felony, another felony is committed by one of the conspirators,
all conspirators are guilty of the felony actually committed,
though having no intent to commit it, if the offense was
committed in furtherance of the unlawful purpose and was one that
should have been anticipated as a result of the carrying out of
the conspiracy.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.
1, 1994.
Sec. 7.03. DEFENSES EXCLUDED. In a prosecution in which an
actor's criminal responsibility is based on the conduct of
another, the actor may be convicted on proof of commission of the
offense and that he was a party to its commission, and it is no
defense:
(1) that the actor belongs to a class of persons that by
definition of the offense is legally incapable of committing the
offense in an individual capacity; or
(2) that the person for whose conduct the actor is criminally
responsible has been acquitted, has not been prosecuted or
convicted, has been convicted of a different offense or of a
different type or class of offense, or is immune from
prosecution.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.
1, 1994.
SUBCHAPTER B. CORPORATIONS AND ASSOCIATIONS
Sec. 7.21. DEFINITIONS. In this subchapter:
(1) "Agent" means a director, officer, employee, or other person
authorized to act in behalf of a corporation or association.
(2) "High managerial agent" means:
(A) a partner in a partnership;
(B) an officer of a corporation or association;
(C) an agent of a corporation or association who has duties of
such responsibility that his conduct reasonably may be assumed to
represent the policy of the corporation or association.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.
1, 1994.
Sec. 7.22. CRIMINAL RESPONSIBILITY OF CORPORATION OR
ASSOCIATION. (a) If conduct constituting an offense is
performed by an agent acting in behalf of a corporation or
association and within the scope of his office or employment, the
corporation or association is criminally responsible for an
offense defined:
(1) in this code where corporations and associations are made
subject thereto;
(2) by law other than this code in which a legislative purpose
to impose criminal responsibility on corporations or associations
plainly appears; or
(3) by law other than this code for which strict liability is
imposed, unless a legislative purpose not to impose criminal
responsibility on corporations or associations plainly appears.
(b) A corporation or association is criminally responsible for a
felony offense only if its commission was authorized, requested,
commanded, performed, or recklessly tolerated by:
(1) a majority of the governing board acting in behalf of the
corporation or association; or
(2) a high managerial agent acting in behalf of the corporation
or association and within the scope of his office or employment.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 913, ch. 342, Sec. 4, eff.
Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.
Sept. 1, 1994.
Sec. 7.23. CRIMINAL RESPONSIBILITY OF PERSON FOR CONDUCT IN
BEHALF OF CORPORATION OR ASSOCIATION. (a) An individual is
criminally responsible for conduct that he performs in the name
of or in behalf of a corporation or association to the same
extent as if the conduct were performed in his own name or
behalf.
(b) An agent having primary responsibility for the discharge of
a duty to act imposed by law on a corporation or association is
criminally responsible for omission to discharge the duty to the
same extent as if the duty were imposed by law directly on him.
(c) If an individual is convicted of conduct constituting an
offense performed in the name of or on behalf of a corporation or
association, he is subject to the sentence authorized by law for
an individual convicted of the offense.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.
1, 1994.
Sec. 7.24. DEFENSE TO CRIMINAL RESPONSIBILITY OF CORPORATION OR
ASSOCIATION. It is an affirmative defense to prosecution of a
corporation or association under Section 7.22(a)(1) or (a)(2)
that the high managerial agent having supervisory responsibility
over the subject matter of the offense employed due diligence to
prevent its commission.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 913, ch. 342, Sec. 5, eff.
Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.
Sept. 1, 1994.
State Codes and Statutes
Statutes >
Texas >
Penal-code >
Title-2-general-principles-of-criminal-responsibility >
Chapter-7-criminal-responsibility-for-conduct-of-another PENAL CODE
TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY
CHAPTER 7. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER
SUBCHAPTER A. COMPLICITY
Sec. 7.01. PARTIES TO OFFENSES. (a) A person is criminally
responsible as a party to an offense if the offense is committed
by his own conduct, by the conduct of another for which he is
criminally responsible, or by both.
(b) Each party to an offense may be charged with commission of
the offense.
(c) All traditional distinctions between accomplices and
principals are abolished by this section, and each party to an
offense may be charged and convicted without alleging that he
acted as a principal or accomplice.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.
1, 1994.
Sec. 7.02. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER. (a)
A person is criminally responsible for an offense committed by
the conduct of another if:
(1) acting with the kind of culpability required for the
offense, he causes or aids an innocent or nonresponsible person
to engage in conduct prohibited by the definition of the offense;
(2) acting with intent to promote or assist the commission of
the offense, he solicits, encourages, directs, aids, or attempts
to aid the other person to commit the offense; or
(3) having a legal duty to prevent commission of the offense and
acting with intent to promote or assist its commission, he fails
to make a reasonable effort to prevent commission of the offense.
(b) If, in the attempt to carry out a conspiracy to commit one
felony, another felony is committed by one of the conspirators,
all conspirators are guilty of the felony actually committed,
though having no intent to commit it, if the offense was
committed in furtherance of the unlawful purpose and was one that
should have been anticipated as a result of the carrying out of
the conspiracy.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.
1, 1994.
Sec. 7.03. DEFENSES EXCLUDED. In a prosecution in which an
actor's criminal responsibility is based on the conduct of
another, the actor may be convicted on proof of commission of the
offense and that he was a party to its commission, and it is no
defense:
(1) that the actor belongs to a class of persons that by
definition of the offense is legally incapable of committing the
offense in an individual capacity; or
(2) that the person for whose conduct the actor is criminally
responsible has been acquitted, has not been prosecuted or
convicted, has been convicted of a different offense or of a
different type or class of offense, or is immune from
prosecution.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.
1, 1994.
SUBCHAPTER B. CORPORATIONS AND ASSOCIATIONS
Sec. 7.21. DEFINITIONS. In this subchapter:
(1) "Agent" means a director, officer, employee, or other person
authorized to act in behalf of a corporation or association.
(2) "High managerial agent" means:
(A) a partner in a partnership;
(B) an officer of a corporation or association;
(C) an agent of a corporation or association who has duties of
such responsibility that his conduct reasonably may be assumed to
represent the policy of the corporation or association.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.
1, 1994.
Sec. 7.22. CRIMINAL RESPONSIBILITY OF CORPORATION OR
ASSOCIATION. (a) If conduct constituting an offense is
performed by an agent acting in behalf of a corporation or
association and within the scope of his office or employment, the
corporation or association is criminally responsible for an
offense defined:
(1) in this code where corporations and associations are made
subject thereto;
(2) by law other than this code in which a legislative purpose
to impose criminal responsibility on corporations or associations
plainly appears; or
(3) by law other than this code for which strict liability is
imposed, unless a legislative purpose not to impose criminal
responsibility on corporations or associations plainly appears.
(b) A corporation or association is criminally responsible for a
felony offense only if its commission was authorized, requested,
commanded, performed, or recklessly tolerated by:
(1) a majority of the governing board acting in behalf of the
corporation or association; or
(2) a high managerial agent acting in behalf of the corporation
or association and within the scope of his office or employment.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 913, ch. 342, Sec. 4, eff.
Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.
Sept. 1, 1994.
Sec. 7.23. CRIMINAL RESPONSIBILITY OF PERSON FOR CONDUCT IN
BEHALF OF CORPORATION OR ASSOCIATION. (a) An individual is
criminally responsible for conduct that he performs in the name
of or in behalf of a corporation or association to the same
extent as if the conduct were performed in his own name or
behalf.
(b) An agent having primary responsibility for the discharge of
a duty to act imposed by law on a corporation or association is
criminally responsible for omission to discharge the duty to the
same extent as if the duty were imposed by law directly on him.
(c) If an individual is convicted of conduct constituting an
offense performed in the name of or on behalf of a corporation or
association, he is subject to the sentence authorized by law for
an individual convicted of the offense.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.
1, 1994.
Sec. 7.24. DEFENSE TO CRIMINAL RESPONSIBILITY OF CORPORATION OR
ASSOCIATION. It is an affirmative defense to prosecution of a
corporation or association under Section 7.22(a)(1) or (a)(2)
that the high managerial agent having supervisory responsibility
over the subject matter of the offense employed due diligence to
prevent its commission.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 913, ch. 342, Sec. 5, eff.
Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.
Sept. 1, 1994.
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